Disposed
Eyunni Asha, Sec-Bad. v. Secy., Rev. Dept., Hyd. and 2 Ors.
Telangana HCWP/8978/2013
Case brief
from the order text
What is this about?
E.Krishna Mohan, Aged about 46 years, Occ…
What the court decided
AI extract
E.Krishna Mohan, Aged about 46 years, Occ…
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[325s 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND TWEN'IY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 8978 OF 2013
Between:
Eyunni Asha, Wo.Sri E.Krishna Mohan, Aged about 46 years, Occ NRl, R/o. Flat No.5, Bhagyasree Apartments, Three Moorthy Colony, Mahendra Hills, Secunderabad-s00 026, presently residing at 1606, Green River Drive, Schaumburg lL 60194, U.S.A. rep. by GPA Sri V.Anil Kumar, S/o. Late V. Sambasiva Rao, aged about 53 years, Occ Business, R/o. Flat No.5, Bhagyasree Apartments, Three Moorthy Colony, Mahendra Hills, Secunderabad.
...PETITIONER
AND
...R,ESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed thereu,rith, the High Court maybe pleased to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in refusingto regiser the petitioners sale deed dated 13.02 2007 in respect of Flat No.5 in Plot No.6, in Survey No.74lB or part of GLR No.396, admeasuring 600 sq.yards situated in Layout of Threemurthy Weaker Sections Cp-operative Housing Society Ltd., East Marredpally, Secunderabad Cantonment as illegal, arbitrary,and against the provisions of law and consequently direct the 2nd and 3rd respondent to register the sale deeci presented bypetitioner pertaining to Flat No.Sin Plot No.6, in Survey No 74lB orpart of GLR No 396, admeasuring 600 sq.yards
situated in Layout of Threemurthy Weaker Sections Cp-operative Housing Society Ltd., East Marredpally, Secunderabad Canton!r-|ent and release the same.
l.A. NO: 1 OF 2013(WPMP. NO: 11207 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and 3rd respondents to receive and register the sale deed dated 13.02.2007 pertaining to property in Flat No.5 in Plot No.6, in Survey No.74lB or part of GLR No 396, admeasuring 600 sq. yards situated in Layout of Threemurthy Weaker Sections Cp-operative Housing Society Ltd., East Manedpally, Secunderabad Cantonment and release the same.
Counsel for the Petitioner : SRI D.PRAMADA
Counsel for the Respondents: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER
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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8978 of 201 J
ORDER:
Heard learned counse[ for the petitioner and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of.
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have registered the subject property and further submits that in view of interim order passed by this Court no further orders are required to be passed in this Writ petition.
"6. Learned Assistont Government Pleoder for Stomps and Registration would submit that counter affidovit has been filed on behalf of respondent No.2 i.e., District Collector, Hyderabod, ond the Parograph No.8 reods os:
'lt is submitted that a comprehensive lond case was filed by the then Mondol Revenue Officer, llarredpally ogainst the (7) Societies and as well os some of individual plot owners of Sy.No.74 of Marredpolly (Paigah) villoge in L.G.C, No.167/97 in the Spl.Court under L.G(P) Act, 1982. The Hon'ble Spl.Court, under A.P.L.G.(P) Act dismissed the LGC No.167/97 on 18-03-2010. Aggrieved by the same, the then IARO, liAarredpally lvlandal filed WP No.19106/2010, before the Hon'ble High Court and the same is pending. The Hon'ble Spl.Court dismissed the LGC on erroneous grounds without properly appreciating the evidence of Govt. and os such writ petition has been filed challenging the same. Thus the LGC judgment hos not become final. Further submitted that the l,itigation between the porties and the Govt. has not reached to its logicol end. Under such circumstonces it can't be said that Govt. have lost its cloim. As such the interest of Govt. still subsists. ln view of the obove the interest of Govt. thot subsists in the subject land will be jeopardized if this W.P. is ollowed. Hence it is liable for dismissal.'
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L lt is made ctear that mere registration of the document does not confer titte on the subject property and it is atso made ctear that this order woutd not have any bearing on atl those matters where titte/rights of the parties are pending before the authorities either in revision /appeals for adjudication and in any other case this order atso does not prectude the parties in asserting their rights before a competent Court of [aw.
SD/-V.KAVITHA ASSISTAN REGISTRAR
//TRUE COPYi/
SECTION OFFICER
B:5 K,
HIGH COURT
DATED:0210812424
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ORDER
WP.No.8978 ot 2013
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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1 issue framed by the court
Should the Registering Authority be directed to register the sale deed when the property is claimed as Government land in pending LGC proceedings?
2 provisions across 2 enactments
Eyunni Asha
Govt. of Andhra Pradesh, rep. by its Secretary, Revenue Department
District Registrar, Hyderabad District
Sub Registrar, Bowenpally, Secunderabad
N.V. Sravan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court